Yes, the United States is a signatory to the United Nations Convention on the Rights of Persons with Disabilities (CRPD). However, it has not yet ratified the treaty, which is a crucial distinction in international law.
Understanding the US Position on the CRPD
The process for the U.S. to become a full State Party to an international treaty involves several key stages:
- Signing: This act, often performed by the President or their representative, signifies a nation's intent to honor the treaty's objectives and its willingness to proceed with the ratification process. In the case of the CRPD, President Barack Obama signed the Convention in July 2009.
- Transmittal to Senate: After signing, the Administration must transmit the treaty to the U.S. Senate. The Senate then provides its "advice and consent" to ratification by a two-thirds vote. The Obama Administration transmitted the CRPD to the Senate for this purpose in May 2012.
- Ratification: If the Senate provides its consent, the President then formally ratifies the treaty. This final step legally binds the United States to the treaty's provisions under international law.
As of now, the U.S. Senate has not provided its advice and consent, meaning the United States has not formally ratified the CRPD.
Significance of Signing vs. Ratification
While signing a treaty demonstrates a commitment to its general principles, it does not create a legally binding obligation.
- Signatory Status: A signatory nation, like the U.S. with the CRPD, is generally expected to refrain from acts that would defeat the object and purpose of the treaty. It signals strong support for the treaty's goals.
- State Party Status (Ratification): Once a nation ratifies a treaty, it becomes a "State Party" and is legally bound by all its provisions. This means incorporating the treaty's obligations into domestic law and policy.
CRPD Status for the United States
| Action | Date / Status | Description |
|---|---|---|
| Signed | July 2009 | President Obama's signature indicated support for the CRPD's principles. |
| Transmitted to Senate | May 2012 | Sent to the Senate for advice and consent, a necessary step for U.S. ratification. |
| Ratified | No | The Senate has not yet provided the necessary two-thirds vote for consent, so the U.S. is not a State Party. |
The CRPD aims to protect the rights and dignity of persons with disabilities worldwide, promoting full equality under the law. For more information on the Convention, you can refer to the official United Nations documentation: Convention on the Rights of Persons with Disabilities.
